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Minutes 1979/09/17 Roll Call Intro. New Employee 4269 September 17, 1979 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:02 p.m. Present: Council Members: William E. Childers, Brian D. Cunning- ham, Robert H. Hughan, John E. Pate, David V. stout and Norman B. Goodrich. Absent: Council Member: Marion T. Link. The Mayor deferred introduction of new employee, David Norling, Police Officer, who was not present. Cert. of service, The Mayor deferred presentation of a Certificate of Service to Nancy Hanna retired Library and Culture Commissioner, Mrs. Nancy Hanna, to await her presence. Consent Calendar Minutes Salary Increases Res. #79-72 Councilman Stout requested that Item E (Deferred Development Agreements) under the Consent Calendar be removed from same. Motion was made by Councilman Cunningham, seconded stout that the following items under the Consent Calendar by the following Roll Call Vote, removing Item F. Ayes: Childers, Cunningham, Hughan, Pate and Goodrich. Absent: Link. by Councilman be approved Council Members: Council Member: Approved the Minutes of the Regular Council Meeting of september 4, 1979; Approved the following Salary Achievement Increases for seven (7) city employees, six (6) effective octOber 1, 1979, and one (1) effective retroactive to September 1, 1979; John Garcia, Recreation Supervisor I, Range 28 from Step B, $1,121 to Step C, $1,177; Kim Merrill, Police Officer, Range 32.5 from Step B, $1,396 to Step C, $1,468; Steve Morrow, Police Officer, Range 32a from step B, $1,374 to Step C, $1,444; Frank Vasquez, Police Officer, Range 32.5 from step B, $1,396 to step C, $1,468; Dan Renville, Police Officer, Range 32a from Step D, $1,517 to Step E, $1,592; Bob Elia, Water Supervisor, Range 32.5 from Step C, $1,468 to Step D, $1,539; retroactive to september 1, 1979, Henry Navarro, Grounds- keeper I, Range 25 from step A, $921 to Step B, $971; Adopted Resolution No. 79-72 designating parking time limits; RESOLUTION NO. 79-72 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING PARKING TIME LIMITS WITHIN THE CITY. PASSED AND ADOPTED this 17th day of September, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBER: LINK; NOES: ABSENT: 4270 Ord. #79-25 Adopted Ordinance No. 79-25 amending City Code Section 12.53 pertaining to Notice of Hearing on Weed Abatement Assessments. ORDINANCE NO. 79-25 - AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 12.53 OF THE GILROY CITY CODE PERTAINING TO NOTICE OF HEARING ON WEED ABATEMENT ASSESSMENTS. PASSED AND ADOPTED this 17th day of September, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, and GOODRICH NONE LINK; HUGHAN, PATE, STOUT - NOES: ABSENT: COUNCIL MEMBERS: COUNC IL MEMBER: ...... Pub. Hear. rezoning- Gurries Assoc. re: Set October 1, 1979, as a public hearing date on a rezoning request of Gurries Associates for .435 acres located at 8405 Monterey Street from M2 (General Industrial) to C2 (General Commercial) District; Claim - R. Tapia Denied a damage claim of Mrs. Ramona Tapia; San Ysidro Pk. Approved a recommendation to file a Notice of Completion for San Ysidro Park. Def. Dev. Agree- Discussion was had on the recommendation to approve the Deferred ments Development Agreement for Hope Rehabilitation Center. Councilman Stout inquired about allowing use of a well and septic tank vs. city services at the Hope Rehabilitation Center. Director of Public Works-City Engineer Hansen further explained the matter. Motion was made by Councilman Cunningham seconded by Councilman stout and carried that the three (3) Deferred Development Agreements, one for Hope Rehabilitation Center and the two supplemental Deferred Development Agreements of James Dowell and Thomas Wilson be approved as recommended. .........;,~ ~...... Pub. Hear. re: HCD Funds The Mayor stated that it was the time and place scheduled for a Public Hearing on Eastside Neighborhood Improvement Fund H.C.D. H.C.D. Grant Coordinator McGowan presented and explained the Staff report of same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the Public Hearing be closed. Discussion was had on the proposal. Res. #79-73 Motion was made by Councilman Cunningham seconded by Council- woman Hughan that the reading of Resolution No. 79-73 authorizing approval of the fund transfer recommended be waived and that it be adopted. - RESOLUTION NO. 79-73 .... RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, AUTHORIZING AMENDMENT TO THE CITY'S FIFTH YEAR HOUSING AND COMMUNITY DEVELOPMENT PROGRAM AND BUDGET. PASSED AND ADOPTED this 17th day of september, 1979, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: CHILDERS, CUNNINGHAM, and GOODRICH NONE LINK HUGHAN, PATE, STOUT - COUCNIL MEHBERS: .... -_.,.,,~c. .....?,-.... '.' ~.. ,. 4271 ~ The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. ..... The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. B. Wojahn-sewer City Administrator Wood explained the request of Gary Wojahn for & Water Line sewer and water line size variance denied by Council and reconsidered at Variance the September 4, 1979, regular Council Meeting for discussion at this regular meeting. ,- .... The Mayor asked if there was anyone present in the audience wishing to speak on the matter. The Mayor further explained the Council's intent on the matter. Mr. Peter Burge, Mesa Road property owner, addressed the Council and spoke in favor of the sewer and water line variance, noting that he would be agreeable to not subdividing his property in more than two (2) parcels. Mr. Bill Hunter, Mesa Road property owner, addressed the Council noting that he is in favor of limiting growth at the property site in question and does not intend to subdivide his property. Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Councilman Pate and not carried by the following Roll Call Vote that Council recon- sider approval of a six (6) inch line with thirteen (13) maximum installa- tions to said line. Ayes: Council Members: Cunningham and Pate. Noes: Council Members: Childers, Hughan, stout and Goodrich. Absent: Council Member: Link. - Councilwoman Hughan requested that the Public Works Staff prepare a revised policy for sewer and water line installations if the present policy is too restrictive for specific areas. ...... The Mayor continued with the regular agenda. Flood Control Adv. A letter from the Santa Clara Valley Water District was noted in Com. Reps. regard to appointments to the Flood Control Advisory Committee. The Mayor reappointed Representative Link and the following alternates: Councilwoman Hughan, Director of Public Works-City Engineer Hansen and Planning Director Dorn. Motion was made by Councilman Cunningham seconded by Councilman Pate and carried that the Mayor's reappointments be approvea~ League Bulletin The League of California Cities Legislative Bulletin, dated September 7, 1979, was noted and discussed. The following informational item was noted with no separate dis- cussion on same: Letter from the Loma Prieta Resource Conservation District with no discussion on same regarding the announcement of their new Gilroy location, officers, and Staff. ...... East Freeway Annex. 79-5 Council noted and discussed the LAFCO annexation application filed for "East Freeway Annexation 79-5 to the City of Gilroy." ..... Motion was made by Councilman Cunningham seconded by Councilman stout that the City has no objection to the filing of said annexation appli- cation and suggested that Staff present Council with a feasible proposal of industrial zoned property reverting back to the original zoning if develop- ment is not completed within a specific time limit. - - 4272 Plan. Com. Meeting 9/6/79 Use Permit- Co. Referral Hecker Pass J "^, ". ~~,~__~~_... The Report of the Planning Commission Meeting of september 6, 1979, was explained by Planning Director Dorn. ... A County referral, south of Hecker Pass Highway re: 1600 acre parcel was noted in regard to an application for commercial timber harvesting. - Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Council- man Pate and carried that the City of Gilroy is violently opposed to said Use Permit, application and instructed the City Administrator to prepare individual letters to each member of the Board of Supervisors advising them of the City's opposition to same; letters to be signed by the Mayor. - ....... Plan. Com. Meet. The Report of the Planning Commission Meeting of September 9/11/79 11, 1979, was noted and further explained by Planning Director Dorn. EIR Guidelines- Motion was made by Councilwoman Hughan seconded by Councilman Pub. Hear. Pate and carried that a public hearing date of October 1, 1979, be set on EIR Guidelines. Gen. Plan Draft EIR Pub. Hear. Motion was made by Councilman Stout seconded by Councilman Childers and not carried that a public Hearing be set for OctOber 1, 1979, for the General Plan Draft EIR and Modified General Plan. Motion was made by Counclman stout seconded by Councilman Pate and carried that a Public Hearing be set for October 1, 1979, for the General Plan Draft EIR and that October 2, 1979, be set for the Modified General Plan with related documents. P & R Com. Meet. The Minutes of the Parks and Recreation Commission Meeting 8/28/79 of August 28, 1979, were noted and the Minutes of the Senior Citizens' Advisory Council Meeting of July 17, 1979, were noted. H. Hersman Property Dept. of pub. Wks. Office Hours Intro. Ord. 'Re: Ch. 15 -- - City Administrator Wood presented and explained a report in regard to a lease for the H. S. Hersman, Wells Fargo Trustee, property. Discussion was had by Councl. Motion was made by Councilman stout seconded by Councilman Cunningham and carried that the proposed lease be executed and that the Mayor be authorized to sign same on behalf of the City. Councilman Pate did not enter into the discussion nor voted on same due to a conflict of interest in said parking dis- trict proposal. A request to modify the Public Works Department Office Hours was noted and further explained by Director of public Works-City Engineer Hansen. City Administrator Wood recommended that same be approved on a trial basis. Motion was made by Councilman Childers seconded by Councilman stout and carried that the public Works Department Office hours be approved as recommended on a trial basis, effective October 1, 1979. Councilman Cunningham voted "no" on the motion. Motion was made by Councilman stout seconded by Councilman Pate and carried that the reading of a proposed ordinance be waived and published by title and summary repealing Section 15.105 of the City Code and amending Sections 15.43 designating through streets, 15.49 designating one-way streets, 15.104 establishing crosswalks and 15.106 as to painting of stop bars to be published by title and sum- mary. -- - City Administrator Wood presented and explained Staff report on the proposed revised HCD Joint Powers Agreement. ... - t!IP""I0" Res. #79-74 HCD Jt. Pow- e.;-s Agree. - _#MJI ...... Landscape Policy ilAA,~ Am. Dev. Corp. Lib. & Cult Com. Burglar Alarm Registration Res. #79-76 ....... ..... ~ - 4273 Motion was made by Councilman stout seconded by Councilman Cunning- ham and carried that the reading of Resolution No. 79-74 be waived and that it be adopted approving the proposed revised HCD Joint Powers Agree- ment as presented. RESOLUTION NO. 79-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACKNOWLEDGING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREE- MENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. PASSED AND ADOPTED this 17th day of September, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBER: LINK NOES: ABSENT: Planning Director Dorn presented and explained the proposed Landscape Policy recommended by the Planning Commission. Mr. William MCIntosh, representing the Chamber of Commerce, addressed the Council requesting modifications to six items. Discussion was had by Council. Council requested several changes to be approved by Resolution. Motion was made by Councilwoman Hughan seconded by Councilman Pate that the reading of Resolution No. 79-75 approving the proposed Landscape Policy as amended be waived and that it be adopted. RESOLUTION NO. 79-75 RESOLUTION OF THE COUNCIL OF LINES FOR LANDSCAPING. PASSED AND ADOPTED this 17th vote: AYES: THE CITY OF GILROY ADOPTING POLICY GUIDE- day of September, 1979, by the following COUNCIL MEMBERS: CHILDERS, GOODRICH NONE LINK CUNNINGHAM, HUGHAN, PATE, STOUT and NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: The request from the American Development Corporation continued from the september 4, 1979, regular Council meeting in regard to exception to the Growth Management Policy was noted that they further requested that same be continued to the next regular Council Meeting of October 1, 19 79 . The Mayor recommended that Pat Blumberg be appointed as Library and Culture Commissioner to fill the unexpired term of Mrs. Nancy Hanna, expiring January 1, 1982. Motion was made by Councilman stout seconded by Councilman Pate and carried that Pat Blumberg be appointed Library and Culture Commissioner to fill the unexpired term of Mrs. Nancy Hanna (1/1/82) as recommended. Police Chief Laizure explained a recommendation for Burglar Alarm registration. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Cunningham that the reading of Resolution No. 79-76 be waived and that it be adopted setting forth Burglar Alarm registraion requirements. RESOLUTION NO. 79-76 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING REGULATIONS FOR THE REGISTRATION OF BURGLAR ALARM SYSTEMS. PASSED AND ADOPTED this 17th day of september, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBER: LINK NOES: AB SENT: 4274 Golf Course Agreement Res. #79-71 Drug Para- phernalia Fish Kill New City Hall Traffic Maint. City Administrator Wood reported that the Council Golf Course Advisory Committee has met with the Golf Course Board of Directors and an agreement will be formalized, circulated back to the Committee and presented to Council at a later date. Councilwoman Hughan requested a copy of Resolution No. 79-71 re: Southern Pacific Railroad to present at a future County Transpor- tation meeting. The Mayor reported that certain local businesses have been displaying drug paraphernalia and instructed the City Administrator and Police Chief to investigate same and present necessary regulations for Council approval to eliminate the sale of same in the City of Gilroy, similar to that adopted by the City of Cupertino. City Administrator Wood reported that the state Fish and Game Department observed an overflow in the Industrial Wastewater Channel at the Sewer Farm caused from an unauthorized person opening the most southerly valve causing a fish kill in the vicinity of the Bloomfield Bridge. He further noted that the City is attempting to determine where the responsibility lies. Director of Public Works-City Engineer Hansen reported that the Official Groundbreaking ceremonies for the New City Hall con- struction project is scheduled for september 24th or September 26, 1979. Council requested that same be set for September 26 as some of the members will be at the League of California Cities Conference on september 24, 1979. Signal Director of Public Works-City Engineer Hansen recommended approval to investigate and pursue the concept of a number of cities joining together in a cooperative venture for preventative mainten- ance of traffic signals in the downtown area. Council had no objec- tion to same. San Ysidro Park City Administrator Wood recommended that the Parks Department regular and CETA employees be commended for their outstanding land- scaping work at San Ysidro Park. Council agreed that the Mayor sign a letter on behalf of the Council commending the Parks Department for same. Adjournment At 10:59 p.m., the Mayor adjourned the meeting. ;r=~~t~;;~ City Clerk .'J~~L,_O___;\'.<!~b"".c-:.._..__...j..-,.,.,..,,,.~' .~,_,,,,,,~,,,,',,._"'-~","'~i,..","'''''-''''_''''__~_.''~"' _.'-........._.~..cJ,_.. .',' .....c.. .';' _,'. >.. .'.......1.. "".,...... ,,",,-,_, -,...........,".. ; ,-,.,.."...L<'.",""",-- ,__,.~-..",.,l;_._. ";'.,.<_ '''..,~, ,,.,. ".",:.. .~ ,_,..:4.'~'. ./~_~.